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HomeMy WebLinkAboutResolution - 2000-R0382 - Agreement - SPEMS/RAC -Operation Of Safety City - 10/26/2000Resolution No. 2000-RO382 October 26, 2000 Item No. 21 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, an Agreement between the City of Lubbock and South Plains Emergency Medical Services/RAC, for the operation of Safety City, and related documents. Said Agreement is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 26th day of October , 2000. f 7 ' G WINDY SIT N,il�t4A APPROVED AS TO CONTENT: Tommy Gdfizailez Assistant City Manager APPROVED AS TO FORM: William de Haas Competition and Contracts Manager/Attorney Dh/Ccdocs/SPEMS.res August 31, 2000 Resolution No. 2000—R 0382 October 26, 2000 Item leo. 21 THE CITY OF LUBBOCK SUBCONTRACT AGREEMENT SAFE COMMUNITIES PROGRAM THIS CONTRACT AND AGREEMENT is entered into by and between the parties shown below as Contracting Parties. Section 1. CONTRACTING PARTIES: The Receiving Agency, South Plains Emergency Medical Services/RAC, hereinafter referred to as "SPEMS" or as "SUBGRANTEE", and The Performing Agency, City of Lubbock, hereinafter referred to as "COL" or as the "CONTRACTOR". Section 2. CONTRACT PERIOD: This contract will begin upon signature herein of both parties and approval by TXDOT, and end upon completion of the work as specified herein, but no later than September 30, 2001. Section 3. HISTORY OF PROGRAM: Overview and Components: Safety City is a 2 112 -acre miniature city complete with traffic signals, crosswalks and small -size automobiles used to teach traffic safety techniques to children. It simulates a real traffic environment featuring many of the safety hazards children encounter daily. After completing a two-week in -class study of safety procedures, children will make a field trip to Safety City. Upon arrival at the miniature city, a trained staff member will present a short discussion about safety procedures to the children. Afterwards, each child will have the opportunity to practice the safety techniques taught in the classroom phase on the streets of Safety City. The children will be divided into either two or three separate groups depending on their grade classification. Second graders will participate as pedestrians and bicyclists. Fourth graders will participate Page I of 5 as pedestrians, bicyclists and motorists. The children will rotate throughout the groups in their grade level and thus, get to practice all safety procedures with the supervision of trained volunteers. Potential safety "hazards" such as over -passes, construction areas and school zones are included so that children can learn how to react to these circumstances in a realistic setting. The entire field trip lasts approximately 90 minutes. Participants: Safety City serves approximately 5000 local and area second and fourth grades each year. Since 1993, over 20,000 children have visited Safety City. Beginning in 1996, area school districts were asked to participate at Safety City. Frenship I.S.D. and Cooper I.S.D. both received the cumculum from Lubbock I.S.D. and began that year. The 1997-1998 school year saw a larger number of students from the outlying school districts participate, including Morton I.S.D, Whiteface I.S.D. and Slaton I.S.D. Special classes are arranged for small groups such as pre-schools, Boy Scout and Girl Scout Troops, and any other organization wishing to visit Safety City. Partnerships: Lubbock's Safety City is a partnership between the City of Lubbock Parks and Recreation Department, Junior League of Lubbock, Lubbock Independent School District and numerous sponsors. The Junior Leagues of Lubbock initiated the project and designated a lead gift of $60,000. The City of Lubbock contributed the site for Safety City, as well as, staff support through the Parks and Recreation Department. Lubbock Independent School District prepares the curriculum and maintains the scheduling of all L.LS.D second and forth grade classes. The classroom facility and the miniature city was designed by members of the Lubbock Chapter of American Institute of Architects. Numerous businesses, civic groups, PTA's and concemed citizens have contributed to Safety City in the form of building sponsorships, vehicle sponsorships and in-kind donations. Funding and Operating Costs: After the initial investment of sponsorships and donations, the entire bulk of the yearly expenses lay with the City of Lubbock Park's and Recreation Department. The annual operating expense for Safety City is approximately $35,000 per fiscal year. Income for the facility is generated from: fees paid for each child to visit, birthday parties, open recreation and special events. All expenses are paid out of the City of Lubbock's General Fund. Page 2 of 5 Section 4 STATEMENT OF WORK: A. Insure that the Action Plan is followed and provisions met. B. Expand COL's role in educational awareness of traffic, bicycle and pedestrian safety to the entire region and increase attendance at Safety City for new and existing clients by June 2001. Total attendance for fiscal year 1996-1997 at Safety City was 5435. COL will direct Safety City staff to approach school districts and special interest groups to promote the opportunities available at Safety City and to schedule classes. C. COL shall: 1. continue to develop new programs and enhance existing programs at Safety City to meet the needs of the communities, 2. continue to increase the marketing and promotion of programs at. Safety City, which shall include but not limited to the development of a internet web page, distribution of program information and promotional items and increase the public awareness of the programs offered at Safety City, 3. repair or replace existing equipment to better meet the demands of the Safety City program, to reduce current down time of equipment and to greater utilize equipment, 4. evaluate the purchase new equipment (i.e. miniature automobiles; bicycles, helmets, and miscellaneous equipment as needed), 5. distribute safety information supplied by sponsors and additional safety organizations at Safety City. 6. enhance involvement at community safety awareness and heath fairs, 7. increase overall participation by offering summer safety camps for various age groups to increase current knowledge of safety aspects (health, water, traffic, electricity, etc.) Section 5. REPORTING, EVALUATION and PERFORMANCE INDICATORS A. COL will provide the SUBGRANTEE with quarterly performance/tracking reports which shall include participation in all programs and actual accomplishments. B. COL shall submit an administrative evaluation summarizing all activities and accomplishments on forms approved by TXDOT no later than 30 days after the contract end to date. Evaluation will include monthly participation reports, wages of part-time staff, new programs, and Performance Indicators, when Page 3 of 5 applicable, as explained in the SPEMS Project Description and all additional information required by SPEMS and TXDOT. Section 6 PROGRAM REIMBURSEMENT A. Invoices shall be submitted quarterly. CONTRACTOR shall ensure that all costs incurred and reported are included in Attachment B: PROGRAM BUDGET, which is hereby made a part of this contract. Payments shall be made on a reimbursement basis only. Each billing is to show the time period covered by that billing and adequately detail all items. Invoices will reflect all expenses and wages per quarter and be adequately detailed for SPEMS to determine the validity of same. B. CONTRACTOR shall submit its final request for payment and all performance and other reports that are required under the contract to be received by SPEMS no later than 30 days after the contract end date. SPEMS shall not be liable for any costs incurred by the CONTRACTOR in the performance of the contract which have not been received by SPEMS within the aforementioned time frame. Section 7. MAXIMUM CONTRACT AMOUNT: A. The total amount of this Contract shall not exceed $12,000.. Section 8. ATTACHMENTS: A. COL shall abide by the provisions within the following Attachments, which are attached hereto and incorporated herein: ♦ Attachment 1: General Terms and Conditions for Subcontracts ♦ Attachment A: Action Plan ♦ Attachment B: Approved Project Budget ♦ Attachment C: Standard Assurances ♦ Attachment D: Debarment Certification ♦ Attachment E: Lobbying Certification Page 4 of 5 By execution of this agreement both parties are bound to the mutual obligations, provisions and assurances contained in this contract. The persons signing and executing this contract have been fully authorized by the contracting parties to validly and legally bind the parties in this agreement. Executed to be effective as of the date executed by both parties and approved by TXDOT. SPEMS J By: Name: 119,411 _r/d T� Title: Date: — / CITY OF LUBBOCK Date: October_ 26, 2000 A City APPROVED AS TO CONTENT: -JorYVrrk.r. fidOYxlbQx�G Tommy Gonzalez Assistant City Manager for Community Services APPROVED AS TO FORM: William de Haas Competition and Contracts Manager Page 5 of 5 GENERAL TERMS AND CONDITIONS for SUBCONTRACTS 1. Indemnification Attachment 1 Resolution No. 2000-80382 To the extent permitted by law, the Contractor, if other than a State agency, shall save harmless the Subgrantee from all claims and Iiability due to the acts or omissions of the Contractor, its agents or employees. The Contractor also agrees to save harmless the Subgrantee from any and all expenses, including attorney fees, all court costs and awards for damages, incurred by the Subgrantee in litigation or otherwise resisting such claims or liabilities as a result of any activities of the Contractor, its agents or employees. Further, to the extent permitted by law, the Contractor, if other than a State agency, agrees to protect, indemnify, and save harmless the Subgrantee from and against all claims, demands and causes of action of every kind and character brought by any employee of the Contractor against the Subgrantee due to personal injuries and/or death to such employee resulting from any alleged negligent act, by either commission or omission on the part of the Contractor or the Subgrantee. 2. Inspection of Work The Subgrantee and, when federal funds are involved, the U. S. Department of Transportation and the Texas Department of Transportation, or any authorized representative thereof, have the right at all reasonable times to inspect or otherwise evaluate the work performed or being performed hereunder and the premises in which it is being performed. If any inspection or evaluation is made on the premises of the Contractor, the Contractor shall provide and require his subcontractor to provide all reasonable facilities and assistance for the safety and convenience of the inspectors in the performance of their duties. All inspections and evaluations shall be performed in such a manner as will not unduly delay the work. 3. Disputes and Remedies The Contractor shall be responsible for the settlement of all contractual and administrative issues arising out of procurements entered in support of agreement work. Disputes concerning performance or payment shall be submitted to the Subgrantee for settlement with the Executive Director acting as referee. This agreement shall not be considered as specifying the exclusive remedy for any dispute or violation or breach of agreement terms, but all remedies existing at law and in equity may be availed of by either party and shall be cumulative. 4. Noncollusion The Contractor warrants that it has not employed or retained any company or person, other than a bona fide employee working for it, to solicit or secure this agreement, and that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon or resulting from the award or making of this agreement. If the Contractor breaches or violates this warranty, the Subgrantee shall have the Page 1 of 8 6199 General Terms & Conditions for Subcontracts Attachment 1 right to annul this agreement without liability or, in its discretion, to deduct from the agreement price or consideration, or otherwise recover the full amount of such fee, commission, brokerage fee, gift, or contingent fee. 5. Reporting Not later than thirty days after the end of contract period, as designated in Article 2, the Contractor shall submit a performance report using forms provided or approved by the Subgrantee. The performance report will include as a minimum (1) a comparison of actual accomplishments to the objectives established for the agreement, (2) reasons why established objectives were not met, if appropriate, and (3) other pertinent information including, when appropriate, analysis and explanation of cost overruns or high unit costs. The Contractor shall submit the final performance report within 30 days after completion of the agreement. The Contractor shall promptly advise the Subgrantee in writing of events which have a significant impact upon the agreement, including: a. Problems, delays, or adverse conditions which will materially affect the ability to attain program objectives, prevent the meeting of time schedules and objectives, or preclude the attainment of project work units by established time periods. This disclosure shall be accompanied by a statement of the action taken, or contemplated, and any Subgrantee, State, or Federal assistance needed to resolve the situation. b. Favorable developments or events that enable meeting time schedules and objectives sooner than anticipated or producing more work units than originally projected. 6. Records The Contractor agrees to maintain all books, documents, papers, accounting records, and other evidence pertaining to costs incurred and work performed hereunder and shall make such materials available at its office during the agreement period and for four years from the date of the final performance report under the agreement. Such materials shall be made available during the specified period for inspection by the Subgrantee, the Texas Department of Transportation, or the U.S. Department of Transportation and the Office of the Inspector General, if the agreement is federally funded, and any of their authorized representatives for the purpose of making audits, examinations, excerpts, and transcriptions. The Contractor shall retain all records until final completion of any litigation. 7. Audit The Contractor shall comply with the requirements of the Single Audit Act of 1984, PL 98-502, ensuring that the single audit report includes the coverage stipulated in OMB Circular A-133, "Audits of States, Local Governments, and Other Non -Profit Organizations," as appropriate. 8. Subcontracts Any subcontract for professional services rendered by individuals or organizations not a part of the Contractor's organization shall not be executed without prior authorization and approval of the subcon- tract by the Subgrantee and the Texas Department of Transportation. Subcontracts in excess of $25,004 shall contain all required provisions of this agreement. Page 2 of 8 6199 General Terms & Conditions for Subcontracts Attachment 1 No subcontract will relieve the Contractor of its responsibility under this agreement. 9. Termination The Subgrantee may terminate this agreement at any time before the date of completion whenever it is determined that the Contractor has failed to comply with the conditions of the agreement. The Subgrantee shall give written notice to the Contractor at least seven days prior to the effective date of termination and specify the effective date of termination and the reason for termination. If both parties to this agreement agree that the continuation of the agreement would not produce beneficial results commensurate with the further expenditure of funds, the parties shall agree upon the termination conditions, including the effective date and the portion to be terminated. The Subgrantee may terminate this contract at any time, or limit expenditures under this contract, if federal funds are not available for payment of services provided under this contract. Upon termination of this agreement, whether for cause or at the convenience of the parties hereto, all finished or unfinished documents, data, studies, surveys, reports, maps, drawings, models, photo- graphs, etc. prepared by the Contractor shall, at the option of the Subgrantee, become the property of the Subgrantee. The Subgrantee shall compensate the Contractor for those eligible expenses incurred during the agreement period which are directly attributable to the completed portion of the work covered by this agreement, provided that the work has been completed in a manner satisfactory and acceptable to the Subgrantee. The Contractor shall not incur new obligations for the terminated portion after the effective date of termination. Except with respect to defaults of subcontractors, the Contractor shall not be in default by reason of any failure in performance of this agreement in accordance with its terms (including any failure by the Contractor to progress in the performance of the work) if such failure arises out of causes beyond the control and without the default or negligence of the Contractor. Such causes may include but are not limited to acts of God or of the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather. In every case, however, the failure to perform must be beyond the control and without the fault or negligence of the Contractor. 10. Gratuities Texas Transportation Commission policy mandates that employees of the Texas Department of Transportation shall not accept any benefits, gifts or favors from any person doing business with or who reasonably speaking may do business with the Department under this agreement. The only exceptions allowed are ordinary business lunches and items that have received the advanced written approval of the Department's Executive Director. Any person doing business with or who reasonably speaking may do business with the Department under this agreement may not make any offer of benefits, gifts or favors to Department employees, except as mentioned here above. Failure on the part of the Contractor to adhere to this policy may result in termination of this agreement. Page 3 of 8 6199 General Terms & Conditions for Subcontracts 11. Compliance With Laws Attachment 1 The Contractor shall comply with all Federal, State and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any matter affecting the performance of this agreement, including, without limitation, workers' compensation laws, minimum and maximum salary and wage statutes and regulations, and licensing laws and regulations. When required, the Contractor shall furnish the Subgrantee with satisfactory proof of its compliance therewith. 12. Successors and Assigns The Subgrantee and the Contractor each binds itself, its successors, executors, assigns and administrators to the other party to this agreement and to the successors, executors, assigns and administrators of such other party in respect to all covenants of this agreement. The Contractor shall not assign, sublet, or transfer its interest and obligations in this agreement without written consent of the Subgrantee. 13. Ownership of Documents Upon completion or termination of this agreement, all documents and other materials prepared by the Contractor or furnished to the Contractor by the Subgrantee shall be delivered to and become the property of the Subgrantee. All sketches, photographs, films, calculations, and other data prepared under this agreement shall be made available, upon request, to the Subgrantee without restriction or limitation of their further use. 14. Resources The Contractor warrants that it presently has adequate qualified personnel in its employment for performance of services required under this agreement, or will be able to obtain such personnel from sources other than the Subgrantee. Unless otherwise specified, the Contractor shall furnish all equipment, materials, and supplies required to perform the work authorized herein. All employees of the Contractor shall have such knowledge and experience as will enable them to perform the duties assigned to them. Any employee of the Contractor who, in the opinion of the Subgrantee, is incompetent, or whose conduct becomes detrimental to the work, shall immediately be removed from association with the project. 15. Property Management The Contractor shall establish and administer a system to control, protect, preserve, use, maintain, and dispose of any property furnished to it by the Subgrantee or purchased pursuant to this agreement in accordance with its own property management procedures, provided that the procedures are not in conflict with the Subgrantee's property management procedures or property management standards, as appropriate, in: ■ 49 CFR 18, "Uniform Administrative Requirements for Grants and Cooperative Agree- ments to State and Local Governments," or, ■ OMB Circular A-110, "Uniform Requirements for Grants to Universities, Hospitals, and Other Nonprofit Organizations." Page 4 of 8 6199 General Terms & Conditions for Subcontracts Attachment 1 16. Procurement Standards The Contractor shall maintain procurement standards which meet or exceed the requirements, as appropriate, of: ■ 49 CFR 18, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments," or, ■ OMB Circular A-110, "Uniform Requirements for Grants to Universities, Hospitals, and Other Nonprofit Organizations. " 17. Reimbursement/Cost Principles a. The method of payment for this contract will be based on fixed price per course or actual costs incurred up to and not to exceed the limits specified in Section IV, Contract Amount. b. The Contractor's expenditures may not exceed any budget category in the Approved Project Budget by an amount greater than 5 % of the total budget without a written contract amendment. However, the Contractor must provide written notification to the Subgrantee of a change of 5 % or less, prior to payment of the Request for Reimbursement that includes the change, indicating the amount and percent change and the reason(s) for it. The maximum amount payable shall not be increased as a result of exceeding a budget category without a written contract amendment. c. To be eligible for reimbursement under this contract, a cost must be incurred in " accordance with the Approved Project Budget and within the contract period specified in Section IV, Term of Contract. d. Payment of costs incurred under this contract is further governed by one of the following cost principles, as appropriate, outlined in the Federal Office of Management and Budget (OMB) Circulars: ■ A-21, Cost Principles for Educational Institutions, or, ■ A-87, Cost Principles for State and Local Governments. e. The Contractor agrees to submit monthly or quarterly requests for reimbursement, as designated in Section II, Statement of Services to be performed, within 30 days after the end of the billing period. The Contractor will use billing statements acceptable to the Subgrantee. The original billing statement and two copies are to be submitted to the Subgrantee. f. The Contractor agrees to submit the final request for reimbursement under the contract within sixty (60) days of the end of the contract period. g. The Subgrantee will exercise all good faith to make payments within thirty days of receipt of properly prepared and documented requests for payment. All payments, however, are contingent upon the availability of appropriated funds. 18. Insurance When directed by the Subgrantee, the Contractor, if other than a State agency, shall provide or shall require its subcontractors to secure a policy of insurance in the maximum statutory limits for tort liability, naming the Subgrantee as an additional insured under its terms. When so directed, the Page 5 of 8 6199 General Terms do Conditions for Subcontracts Attachment 1 Contractor shall provide or shall require its subcontractor to furnish proof of insurance on TxDOT Form 20.102 (12191) to the Subgrantee, and shall maintain the insurance during the subcontract period established in Article 1. 19. Equal Employment Opportunity The Contractor agrees to comply with Executive Order 11246 entitled "Equal Employment Opportunity" as amended by Executive Order 11375 and as supplemented in Department of Labor Regulations (41 CFR 60). 20. Nondiscrimination During the performance of this agreement, the Contractor, its assigns and successors in interest, agrees as follows: a. Compliance with Regulations: The Contractor shall comply with the regulations relative to nondiscrimination in federally assisted programs of the U.S. Department of Transportation, Title 49, Code of Federal Regulations, Part 21 and Title 23 , Code of Federal Regulations, Part 710.405(b), as they may be amended from time to time (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this agreement. b. Nondiscrimination.: The Contractor, with regard to the work performed by it during the agreement, shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Contractor shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 and Part 710.405(b) of the Regulations, including employment practices when the agreement covers a program set forth in Appendix B of the Regulations. c. Solicitations for Subcontracts, Including_ Procurements of Materials and Eguipment: In all solicitations either by competitive bidding or negotiation made by the Contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Contractor of the Contractor's obligations under this agreement and the Regulations relative to nondiscrimination on the grounds of race, color, sex, or national origin. d. Informatiion and Reports: The Contractor shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information and its facilities as may be determined by the Subgrantee, the Texas Department of Transportation, or the U.S. Department of Transportation to be pertinent to ascertain compliance with such Regulations or directives. Where any information required of the Contractor is in the exclusive possession of another who fails or refuses to furnish this information, the Contractor shall so certify to the Subgrantee, Texas Department of Transportation, or the U.S. Department of Transportation as appropriate, and shall set forth what efforts it has made to obtain the information. Page 6 of 8 6199 General Terms & Conditions for Subcontracts Attachment I e. Sanctions for Noncompliance: In the event of the Contractor's noncompliance with the nondiscrimination provisions of this agreement, the Subgrantee, or the Texas Department of Transportation shall impose such sanctions as it or the U.S. Department of Transportation may determine to be appropriate, including but not limited to: ■ withholding of payments to the Contractor under the agreement until the Contractor complies, and/or ■ cancellation, termination, or suspension of the agreement in whole or in part. f. Incorporation of Provisions. The Contractor shall include the provisions of paragraphs a through f in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The Contractor shall take such action with respect to any subcontract or procurement as the Subgrantee may direct as a means of enforcing such provisions including sanctions for noncompliance; provided, however, that in the event a subcontractor becomes involved in, or is threatened with litigation with another subcontractor or supplier as a result of such direction, the Contractor may request the Subgrantee to enter into such litigation to protect the interests of the Subgrantee; in addition, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. 21. Disadvantaged Business Enterprise It is the policy of the U.S. Department of Transportation that Disadvantaged Business Enterprises as defined in 49 CFR Part 25 shall have the opportunity to participate in the performance of contracts financed in whole or in part with Federal funds. Consequently the Disadvantaged Business Enterprise requirements of 49 CFR Part 26 apply to this agreement as follows: ■ The Contractor agrees to insure that Disadvantaged Business Enterprises as defined in 49 CFR Part 26 have the opportunity in the performance of contracts and subcontracts financed in whole or in part with Federal funds. In this regard, the Contractor shall make good faith efforts in accordance with 49 CFR Part 26 to insure that Disadvantaged Busi- ness Enterprises have the opportunity to compete for and perform contracts. ■ The Contractor and any subcontractor shall not discriminate on the basis of race, color, national origin, or gender in the award and performance of contracts funded in whole or in part with Federal funds. These requirements shall be physically included in any subcontract. Failure to carry out the requirements set forth above shall constitute a breach of this agreement and, after the notification of the Subgrantee, may result in termination of the agreement by the Subgrantee or other such remedy as the Subgrantee deems appropriate. 22. Debarment/Suspension The Contractor is prohibited from making any award or permitting any award at any tier to any party which is debarred or suspended or otherwise excluded from or ineligible for participation in federal assistance programs under Executive Order 12549, Debarment and Suspension. The Contractor shall require any party to a subcontract or purchase order awarded under this agreement to certify its eligibility to receive federal grant funds, and, when requested by the Subgrantee, to furnish a copy of the certification. 23. Signatory Warranty Page 7 of 8 6199 General Terms & Conditions for Subcontracts Attachment 1 The signatory for the Contractor hereby represents and warrants that she/he is an officer of the organization for which she/he has executed this agreement and that she/he has full and complete authority to enter into this agreement on behalf of the organization. At the time the signatory for the Contractor signs the contract agreement, or within thirty days, he/she will sign a letter designating signature authority by position title for contract -related documents other than the contract agreement or contract agreement amendments. These other contract -related documents will include, but not be limited to, the following: application for project extension, administrative evaluation report, requests for reimbursement (RFR), and routine correspondence. 24. Assurances and Certification The Contractor attests that the assurances included in Attachment C of this agreement and the certification included in Attachment D of this agreement are accurate and current. 25. Clean Air & Water Act Contractor agrees to comply with all applicable standards, orders, or requirements issued under Section 306 of the Clean Air Act (42 USC 1857[h]); Section 508 of the Clean Water Act (33 USC 1368); Executive Order 11738, and Environmental Protection Agency regulations (40 CFR 15). Contractor further agrees to report violations to the grantor agency. Page 8 of 8 6199 ACTION PLAN 2000-2001, 2001-2002 OBJECTIVE: To increase child traffic safety awareness TASK: To expand the use of Safety City region wide and increase local participation. ATTACHMENT A Key: P= planned activity C= completed activity R= revised PROJECT MONTH Activity Responsible OC NO DE JA FE MR AP IMY JN JL I AG SE 1.Visit School districts/special interest groups COL P P P P P P 2. Marketing and Promotion of Safety City. COL P P P P P P P P P P P P 3. Equipment Repair COL P P P P P P P P P P P P .Purchase new equipment COL P P P P P 5. Distribute Safety Information COL P P P P P P P P P P P P 6. Presentations to community groups COL P P P P P P P P P P P P 7. Develop local partners COL P P P P P P P P P P P P 8. Submit performance reports COL P P P P 9. Submit request for reimbursement COL P R P P Page I of 1 rt°W (Title of -.- Lubbock Parks and Recreation - Safety" (Name of Subgrantee) BUDGET CATEGORY I - LABOR COSTS: (100) Salaries ( ) overtime or regular time; type X in the appropriate blank) Salary rates are estimated for budget purposes only. Reimbursements will be based on actual cost per employee in accordance with Sub - grantee's payroll and state rate. {list by position} A. Part-time: (does not include maintenance personnel - 1,075 hrs @ approx. $151hr.) B. Full time C. TOTAL SALARIES: (200) Fringe Benefits {list for each salary range} A. B. C. D. TOTAL FRINGE BENEFITS (300) Travel and Per Diem Mileage (documentation of rate is required prior to reimbursement), airfare, car rental, per Beim, etc. Reimbursements will be based in accordance with Subgrantee's travel policy not to exceed state rates. TOTAL TRAVEL & PER DEIM TOTAL BUDGET (400)Equipment (specify type/quantity) One (1) Classroom lectern -- portable podium for use by Safety City, TxDOT or IPCSP 1 Resolution No. 2000—RO382 ATTACHMENT B (Round figures to nearest $) Federal State/Local Funds Funds TOTAL $8,250.00 $7,875.00 $16,125.00 $0.00 $3,525.00 $3,525.00 $0.00 $0.00 $0.00 $8,250.00 $11,400.00 $19,650.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $250.00 $0.00 $250.00 $250.00 $0.00 $250.00 $8,500.00 $11,400.00 $19,900.00 $1,500.00 $6,450.00 $7,950.00 Replace existing helmets Federal StatelLocal Repair or replace bicycles used for class instruction Funds Funds TOTAL (tire tubes, tires, brake pads, chains, etc.) TOTAL EQUIPMENT: $1,500.00 $6,450.00 $7,950.00 (500) Supplies (postage, printing and office supplies, etc.) $0.00 $750.00 $750.00 TOTAL SUPPLIES: $0.00 $750.00 $750.00 (600) QQntractual Services $0.00 $420.00 $420.00 TOTAL CONTRACTUAL SERVICES: $0.00 $420.00 $420.00 (70Q) Other Miscellaneous A. Office expenses $0.00 $836.00 $836.00 B. Telephone/Fax $0.00 $144.00 $144.00 C. Copier services/fees $0.00 $0.00 $0.00 D. Registration fee (training, workshops, etc.) $0.00 $0.00 $0.00 E. Public Information & education (PI&E) materials 1. Educational Items $500.00 $0.00 $500.00 (examples: brochures, bumper stickers, poster, flyers, etc.) 2. Promotional Items $1,500.00 $0.00 $1,500.00 (examples: key chains, magnets, pencils, pens, mugs, etc.) TOTAL PI&E $2,000.00 $0.00 $2,000.00 F. Other (specify) $0.00 $0.00 $0.00 TOTAL OTHER MISCELLANEOUS $2,000.00 $980.00 $2,980.00 TOTAL OTHER DIRECT COSTS: $3,500.00 $8,600.00 $12,100.00 BUDGET CATEGORY III - INDIRECT COSTS: (800) Indirect Costs Rate at _% $0.00 $0.00 $0.00 TOTAL INDIRECT COSTS: $0.00 $0.00 $0.00 SUMMARY: TOTAL LABOR COSTS: $8,500.00 $11,400.00 $19,900.00 TOTAL OTHER DIRECT COSTS: $3,500.00 $8,600.00 $12,100.00 TOTAL INDIRECT COSTS: $0.00 $0.00 $0.00 GRAND TOTAL $12,000.00 $20,000.00 $32,000.00 Fund Sources: Percent Share 37% 63% BUDGET NARRATIVE: {include in narrative form any needed explanations as to specifics on travel (where to, what for, etc.) kinds of equipment, details on large dollar items and subcontracts, etc.} 2 Resolution No. 2000—RO382 Form 1854 Attachment C 9194 STkNDARD ASSURANCES The Subgrantee hereby assures and certifies that it will comply with the regulations, policies, guidelines, and requirements, including 49 CFR 18 and OMB Circular A-87, or OMB Circulars A-110 and A-21, or OMB Circulars A-110 and A-122, as they relate to the application, acceptance, and use of federal or state funds for this project. Also, the Subgrantee assures and certifies to the grant that: I. It possesses legal authority to apply for the grant; that a resolution, motion, or similar action has been duly adopted or passed as an official act to the applicant's governing body, authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information as may be required. 2. It will comply with Title VI of the Civil Rights Act of 1964 (Public Law 88-352) and in accordance with Title VI of that Act, no person in the United States shall, on the grounds of race, color, or national origin be excluded from participation in, be denied benefits of, or be otherwise subjected to discrimination under any program or activity for which the applicant receives federal financial assistance and will immediately take any measures necessary to effectuate this agreement. 3. It will comply with Title VI of Civil Rights Act of 1964 (42 USC 2000d) prohibiting employment discrimination where (1) the primary purpose of a grant is to provide employment or (2) discriminatory employment practices will result in unequal treatment of persons who are or should be benefiting from the grant -sided activity. 4. It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (PL 91-646) which provides for fair and equitable treatment of persons displaced as a result of federal and federally assisted programs. 5. It will comply with the provisions of the Hatch Act which limit the political activity of employees. 6. It will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act, as they apply to hospital and educational institution employees of State and local governments. 7. It will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. 8. It will give the sponsoring agency the access to and the right to examine all records, books, papers, or documents related to the grant. 9. It will comply with all requirements imposed by the sponsoring agency concerning special requirements of law, program requirements, and other administrative requirements. Paize 1 of? Standard Assurances T.DDTform 1854 9194 Attachment C continued 10. It will insure that the facilities under its ownership, lease, supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify the federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. 11. It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, PL 93-234, 87 Stat. 975, approved December 31, 1976. Section 102(a) requires, on and after March 2, 1975, the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any federal financial assistance for construction or acquisition purposes for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. The phrase "federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any form of direct or indirect federal assistance 12. It will assist the grantor agency in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended (16 USC 470), Executive Order 11593, and the Archeological and Historic Preservation Act of 1966 (16 USC 469a-1 et seq,) by (a) consulting with the State Historic Preservation Officer to conduct the investigation, as necessary, to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 CFR 800.8) by the activity, and notifying the federal grantor agency of the existence of any such properties, and by (b) complying with all requirements established by the federal grantor agency to avoid or mitigate adverse effects upon such properties. 13. It will comply with Chapter 573 of the Texas Government Code by insuring that no officer, employee, or member of the applicant's governing body of the applicants grant shall vote or confirm the employment of any person related with in the second degree of affinity or third degree by consanguinity to any member of the governing body or to any other officer employee authorized to employ or supervise such person. This prohibition shall not prohibit the employment of a person described in Section 573.062 of the Texas Government Code. It will insure that all information collected, assembled, or maintained by the applicant relative to this project shall be available to the public during normal business hours in compliance with Chapter 552 of the Texas Government Code, unless otherwise expressly provided by law. It will comply with Chapter 551 of the Texas Government Code, which requires all regular, special, or called meetings of governmental bodies to be open to the public, except as otherwise provided by law or specifically permitted in the Texas Constitution. Pace 2of2 Form 1855 9r94 DEBARMENT CERTIFICATION Resolution No. 2000-R 0382 ATTACHMENT D (1) The SUBGRANTEE certifies to the best of its knowledge and belief, that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any federal department or agency. (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgement rendered against them for commission of fraud or a criminal offenses in connection with obtaining, attempting to obtain, or performing a federal, state, or local public transaction or contract under a public transaction; violation of federal or state antitrust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. (c) Are not presently indicted for otherwise criminally or civilly charged by a federal, state, or local governmental entity with commission of any of the offenses enumerated in paragraph (1)(b) of this certification, and (d) Have not within a three-year period preceding this application/proposal had one or more federal, state, or local public transactions terminated for cause or default. (2) Where the SUBGRANTEE is unable to certify to any of the statements in this certification, such SUBGRANTEE shall attach an explanation to this certification. Signature of Certifying Official �f-tJrn e� Title 31 AUG -,-) J Date Page 1 of 1 Resolution No. 2000—R0382 ATTACHMENT E ofTnmOwfstivn Form 1856 9194 LOBBYING CERTIFICATION for Grants, Contracts, Loans, and Cooperative Agreements The undersigned certifies to the best of his or her knowledge and belief, that: (1) No federal appropriated funds have been paid or will be paid or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. (2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form - LL, "Disclosure Form to Report Lobbying", in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subreceipients shall certify disclosure accordingly. This certification is a material representation of fact upon which reliance was placed when its transcation was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. //,� 4 /-/r� Signature fiff-vrn t Title of C - Agency 3 I /1 U' G 0 Z) Date CITY OF LUBBOCK MEMORANDUM TO: Bob Cass, City Manager FROM: Tommy Gonzalez, Assistant City Manager SUBJECT: Consent Agenda Comments—October 26, 2000 City Council Meeting DATE: October 13, 2000 CC: Jere Hart CITY OF LUBBOCK CONSENT AGENDA ITEM SUMMARY ITEM#JSUBJECT: Consider a resolution authorizing the Mayor to execute a subcontract agreement with South Plains Emergency Medical Services/RAC (SPEMS) as part of their contract with Texas Department of Transportation for the Injury Prevention Coalition of the South Plains. BACKGROUND/DISCUSSION: South Plains Emergency Medical Services/RAC (SPEMS) is the lead agency in the Injury Prevention Coalition of the South Plains. The City of Lubbock is one of the founding members of that coalition and Jere Hart, the City Traffic Engineer, is the Vice -chair for that group. SPEMS has received a from the Texas Department of Transportation (TXDOT) for injury prevention programs. The City of Lubbock has been approved for up to $12,000 of those funds for a Safe Communities Program at Safety City. This is the third consecutive year that the City will have received funds for Safety City through SPEMS. The City received $16,000 per year for FY 1998-99 and FY 1999-2000. This sub -contract agreement will cover the period from October 1, 2000 through September 30, 2001. The agreement will provide for reimbursement of expenses including up to $8,500 for part time staff for instruction as well as promotional Items such as brochures, bumper stickers, key chains, and magnets. This agreement will enhance the service to approximately 5,000 local and area second and fourth grade students. Second grade students will participate in Safety City programs as pedestrians and bicyclists, while their fourth grade counterparts are allowed to also participate as motorist in the miniature cars. During the field trip to Safety City, the students are exposed to a simulated traffic environment that features many of the hazards that children encounter daily. The instructors and trained volunteers practice the safety precautions with the children. SUMMARY/RECOMMENDATIONS: The Parks and Recreation Department and the Traffic Engineering Department recommend that Council authorize the Mayor to execute a subcontract agreement with South Plains Emergency Medical Services/RAC (SPEMS) as part of their contract with Texas Department of Transportation for the Injury Prevention Coalition of the South Plains.